Legal Question in Wills and Trusts in Illinois
If someone is a power of attorney and they do things themselves such as file paper work and do work themselves on property, can they charge the estate and if so what kind of proof must they have, my brother and I feel like we are being cheated. Thanks
3 Answers from Attorneys
Generally, a power of attorney document will state that a person acting as agent may take compensation for the work. However, the compensation must be reasonable and the work should be documented.
If the power of attorney is for parent (it would assume to be the case from the way your question is worded), you might want to look into having a guardian appointed so that a court will have oversight into how the money is being spent.
A consultation with an attorney who works in the areas of estate planning or guardianship might be worth your while.
Good luck to you.
If you want to take control from the agent under power of attorney or have him supervised by the court you will have to file a guardianship.
www.legacylaws.com.
Your comment that the attorney in fact is "filing paperwork" makes me wonder. If these are court documents filed on behalf of the principal, this may be the unauthorized practice of law. The grant of authority under a power of attorney does not allow the agent to practice law on behalf of the principal, unless the agent is a licensed attorney at law.
If the principal is still able to manage his or her affairs, you might discuss what is being done, and have him or her appoint a different agent. Otherwise, you will need a guardianship to stop this.
Related Questions & Answers
-
Can i give my power of attorney to someone other than my wife Asked 6/27/10, 6:26 pm in United States Illinois Probate, Trusts, Wills & Estates